[HISTORY Adopted by the City Council of the City of Hackensack as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 119.
[Adopted 9-16-1935 by Ord. No. 226; amended in its entirety 4-15-1974 by Ord. No. 1-74]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid, or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes, or any mixture of the same and fruit juices.
The following types of licenses for the sale of alcoholic beverages shall be issued by the City Manager with the confirmation of the City Council:
A. 
Plenary retail consumption license.
(1) 
The holder of a plenary retail consumption license shall be entitled, subject to rules and regulations prescribed from time to time by the State Department of Alcoholic Beverage Control or the City Council, to sell for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacle and also to sell alcoholic beverages in original containers for consumption off the licensed premises.
(2) 
In addition to plenary retail consumption licenses as heretofore described and without regard to whatever limitation there may be as to the number of plenary retail consumption licenses permitted by law at any one time within the City of Hackensack, additional plenary retail consumption licenses may be approved from time to time by the City Council, upon recommendation thereof by the City Manager, for hotels of 50 rooms or more upon the condition that their effectiveness shall continue during the license year and renewal thereof shall be upon the condition that (among other things) the premises for which such licenses are issued shall continue to be operated as a hotel of 50 rooms or more and that the license shall not be transferred to any other premises which are not operated as a hotel of 50 rooms or more.
B. 
Seasonal retail consumption license. The holder of a seasonal retail consumption license shall be entitled, subject to rules and regulations prescribed from time to time by the State Department of Alcoholic Beverages Control or the City Council, to sell, during the summer season from May 15 until September 15, inclusive, or during the winter season from November 15 to April 15, inclusive, for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacle and also to sell alcoholic beverages in original containers for consumption off the licensed premises.
C. 
Plenary retail distribution license. The holder of a plenary retail distribution license shall be entitled, subject to rules and regulations prescribed from time to time by the State Department of Alcoholic Beverage Control or the City Council, to sell alcoholic beverages in original containers only for consumption off the licensed premises.
D. 
Club license. The holder of a club license shall be entitled, subject to rules and regulations prescribed from time to time by the State Department of Alcoholic Beverage Control or the City Council, to sell, only to bona fide guests, alcoholic beverages intended for immediate consumption on the licensed premises.
Applications for licenses to be issued under this article shall be in such form as is prescribed by the rules and regulations of the State Department of Alcoholic Beverage Control.
A. 
License fees shall be paid annually as follows:
[Amended 3-3-1986 by Ord. No. 9-86; 5-30-2017 by Ord. No. 13-2017]
(1) 
Plenary retail consumption license: $1,800.
(2) 
Plenary retail distribution license: $1,350.
(3) 
Club license: $188.
B. 
Duration of licenses. All licenses issued under this article shall be for a term of one year from the first day of July in each year.
Every applicant for a license to be issued under this article shall cause a notice of intention to make such application to be published in accordance with the rules and regulations prescribed by the State Department of Alcoholic Beverage Control.
All licenses issued under this article shall be issued to the person, firm, corporation, association, partnership, trust, company or organization applying therefor, or the manager, servant, officer or employee of any of them applying therefor, upon the approval of the City Manager and the City Council. After payment of the appropriate license fee is made to the Tax Collector and the issuance of the said license is approved by the City Council, then only is the City Manager empowered to issue licenses provided for by this article. All licenses issued under this article shall be signed by the City Manager.
The number of licenses permitted for each type of license shall be determined according to the procedure established by the State Department of Alcoholic Beverage Control, based on current population figures for the City of Hackensack.
A. 
Plenary retail consumption licenses. No plenary retail consumption license shall be granted for or transferred to any premises within 500 feet of any other premises for which a plenary retail consumption license is outstanding, said distance to be measured in the normal way that a pedestrian would walk from the nearest entrance of the licensed premises to the nearest entrance of the premises sought to be licensed, except that this restriction shall not apply to licenses which are being utilized as supportive of a restaurant with full dining amenities with seating for a minimum of 100 patrons at tables with waiters. This restriction shall not prevent renewals or person-to-person transfers of plenary retail consumption licenses for premises licensed on the effective date of this article.
[Amended 2-22-1977 by Ord. No. 3-77]
B. 
Plenary retail distribution licenses. No plenary retail distribution license shall be issued for or transferred to any premises within 1,500 feet of any other premises for which a plenary retail distribution license is outstanding, said distance to be measured in the normal way that a pedestrian would properly walk from the nearest entrance, of the licensed premises to the nearest entrance of the premises sought to be licensed.
The City Council may suspend and revoke any license issued under this article for any reasons it may deem just and in accordance with the provisions of N.J.S.A. 33:1-31, together with amendments and supplements thereto. The City Council is authorized, subject to rules and regulations prescribed by the State Department of Alcoholic Beverage Control, to close any place of business if the person engaged in the said business does not comply with any requirement of this article or N.J.S.A. 33:1-31, together with amendments and supplements thereto.
[Amended 1-9-1976 by Ord. No. 2-76; 7-6-1981 by Ord. No. 26-81; 12-4-1995 by Ord. No. 27-95]
A. 
No plenary retail consumption licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on weekdays between the hours of 2:00 a.m. and 6:00 a.m. or on Sundays between the hours of 2:00 a.m. and 12:00 noon.
B. 
No plenary retail distribution licensee shall sell, serve, deliver, or allow, permit, or suffer the sale, service, or delivery of any alcoholic beverage on weekdays prior to 6:00 a.m., nor subsequent to 10:00 p.m., or on Sundays prior to 12:00 noon, nor subsequent to 10:00 p.m., except that the sale of wine and malt liquor is permitted for off-premises consumption on weekdays between 6:00 a.m. and 2:00 a.m. and on Sundays between 12:00 noon and 2:00 a.m.
[Amended 5-17-2016 by Ord. No. 21-2016]
C. 
The foregoing notwithstanding, plenary retail consumption licensees shall be permitted extended hours or operation on New Year's Day as follows:
(1) 
When New Year's Day falls on a weekday, no plenary retail consumption licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow consumption of any alcoholic beverage on licensed premises between the hours of 5:00 a.m. and 6:00 a.m. on that day.
(2) 
When New Year's Day falls on a Sunday, no plenary retail consumption licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on licensed premises between the hours of 5:00 a.m. and 12:00 noon on that day.
D. 
On that date when there shall be a change of time from Eastern standard time to daylight saving time, advancing the clock, the Eastern standard time shall prevail, and when there shall be a change from daylight saving time to Eastern standard time, daylight saving time shall prevail.
A. 
Management of licensed business. The holder of a plenary retail consumption license must actually be in charge of the management and direction of the business conducted under such license, and all business carried on under such license must be conducted under the name of the licensee.
B. 
Minimum required floor space. No alcoholic beverage shall be sold for consumption on the premises in any room to which the public is not freely admitted nor where the room has a floor space of less than 600 square feet.[1]
[1]
Editor's Note: See also Ch. 175, Zoning, for additional provisions relating to building requirements.
C. 
Lighting. All premises in which alcoholic beverages are sold, distributed or dispensed shall be sufficiently lighted at all times to allow full view of the entrance.
D. 
Public sanitation requirements. All premises upon which alcoholic beverages are sold under a plenary retail consumption license shall be furnished, supplied and equipped with separate toilets for men and women which shall meet with the approval of the Health Department.[2]
[2]
Editor's Note: See also Ch. 97, Health and Sanitation.
E. 
Fingerprinting of employees; identification cards.
[Amended 5-1-1978 by Ord. No. 23-78; 5-30-2017 by Ord. No. 13-2017]
(1) 
All persons dispensing and/or serving alcoholic beverages, whether owner, operator and/or employee, employed by business establishments holding a license under this article and dispensing alcoholic beverages for consumption on or off the premises, shall, within 72 hours of the commencement of their employment, be fingerprinted under the supervision of the Department of Police of the City of Hackensack at such time and place as shall be designated from time to time by the Chief of Police, and said fingerprints shall be filed with said Department.
(2) 
Identification cards shall be issued to all such persons by the Police Department. Said cards shall be valid for a period of one year from the date of issuance. The fee for obtaining said card shall be $30.
F. 
Sale to certain persons prohibited. No licensee shall serve or deliver, nor shall any licensee suffer or permit the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any mental defective or habitual drunkard or intoxicated person, nor permit any such person to congregate in or about the licensed premises.
G. 
Except as provided for below, all restaurants and other eating establishments holding plenary retail consumption liquor licenses shall cease serving patrons and close their doors during the hours provided for by this article. The foregoing shall not apply to establishments meeting either of the following criteria:
[Added 12-22-1975 by Ord. No. 36-75]
(1) 
The establishment, through annual reports filed by it with the Police Department of the City of Hackensack and sworn to by an officer, partner or proprietor, as applicable, certifies that 25% or less of the gross revenue for the preceding calendar year was generated through the sale of alcoholic beverages.
(2) 
The area or areas in which food and nonalcoholic beverages are served are in a room or rooms separate from any bar, bars or other areas where alcoholic beverages are dispensed or stored, or such bar, bars or other areas where alcoholic beverages are dispensed or stored are secured in such manner as to prohibit access to entrances, exits, restrooms, kitchen and other facilities for the preparation and service of food without entering an area or room where alcoholic beverages are stored in an unsecured manner; and all rooms or facilities for the storing or dispensing of alcoholic beverages are secured so as to prohibit access to said alcoholic beverages after 2:00 a.m. and until the permitted opening hour.
[Adopted 9-4-1956 by Ord. No. 628; amended 10-5-1959 by Ord. No. 717 (Ch. 11, Art. II, of the 1959 Revised Ordinances]
No licensee shall sell, serve or deliver, nor shall any licensee suffer or permit the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any minor, nor permit any minor to congregate in or about the licensed premises.
It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee or an employee of a retail licensee to sell, serve or deliver any alcoholic beverage to minors.
A parent or guardian of any minor charged with a violation of any of the provisions of this article shall be required to attend the hearing of the complaint. For the purpose of compelling such attendance, the Judge of the Municipal Court of the City of Hackensack is authorized and directed to cause a parent or guardian of the minor to attend the hearing by issuing appropriate subpoenas to compel such attendance. It shall be sufficient compliance with the provisions hereof if one of the parents or one of the guardians attends the hearing pursuant hereto.